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HomeMy WebLinkAboutKaelin, Daniel A. Amend #119RESOLUTION OF THE SOUTHOLD TO~VN BOARD OCTOBER 23, 198~: ADOPTED ON WHEREAS, a petition was heretofore fi[ed with the Town Board of d~ Town of Southold by ........ [~.~.l~{.I.~l~..~\:...l~'~.ln!.~ ........................................ requestin§ c change, modification and ~memdment of the BuJld~ng Zone Ordinance including the Bui[dina 2gne Mops m~de a part thereof by ctaan,g- "A" Residential and ' lng from .'~[!;!q~).['f)J.E~! ............ ~...... District to Di~rict the propert? described in said petition, ~nd WHEREAS said petition was duly referred ¢o the Planning Board for its of .................... ~]L.~I~!; ............. , ] g.~.~:..., and due deliberaHon having been NOW. THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GRANTED. DATED: October 23, 198~. BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK "COUNTY OF SUFFOLK STATE OF NEW YORK ss; I~O~'iCE:OF ~MENDMEN~ ? ':' TO WNCOr, E ii:.~ ' ~MEN~.NO. 119 ' ' ~' ~' .~O~ldE lS HEREBY' .-. ~ that at a mccHng of the ;[~::--'Town Board of the Town ~:~,. S6.th61d SUffol~ Conut~,.New York. held on ~he 23r~day 0f Ocober, I~84, the ?, Board ena~ed, the following' '~: amenOme~tto ~he TO~ Code . em ~Hed. "Code of the Tow~ 0f ~-~ Southold." to~ther w~th cfhe Build~n~ Zone Map forming part ~hereof ns ibl[ows, ~o " Amendment No. I19 amends Ibc Code of Ihe Tow. of Southold by changing from "A" Residemial aad A~Hmd.. lural District ~o ' 'B-I" General Busmes'~ Di~rie~ Ihe property of Daniel A. Kaelin siltmted al Cnich~guc, ~6,n' York, and more particnlarly bounded and described a~ h)llo~s: BEGINNING' at a point on Ibc wes~ side of Cox's Lo~e. distant 2~.04 fee~ t~orther3y from Ibc intersection of the West side of Cox's Lane with the Notah side of Main State Road (Route 25), and from said poinl of beginning running lhenee South 46~ 10' 10" West 87.53 feet IO land now or ' ~ formerly of Miesner: rnnning lhcnce alm~g said land now or formerly of Miesner. No~h 42~ 35' 20" Wesi 149.$6 ro hind now or tbrmeriy of i.. Glover running d~cnce along said land no~ or fi~rmerly of L. Glover Norlh 51° (~' 40" East ~7.70 f~el lu the westerly aide of Cox's Lane; rllUllillg thence along d~g we~lerl) side of ('on'~ Lane South 42~ 35' 20" Ea:,t 141.92 feet to the point or place of BEGINNING. DATED: October 23. 1984 JUDfI';I T. TERRY S()UTHOLD TOWN CLERK · [ , 1'r-11/1/84~51) Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- / man once each week for ........................................ weeks successively, commencing on the .................................... ..... : ............ , day Sworn to before me this ................................ day of. ........... ........ , Notary Public BARBARA FORBES Not~ry Pablte, State of New York Qualified in Suffolk County CommiSsion Expires M~'ch 30, 19 ~ Town Board vnacted bhe fi~thnv- Code eo~ [t~(-d, "('odo oft he Boild ng Zone Map fi:rmin~ a onrt --- 119 nme~)ds Lh.I ..'~. Cutcho~Ue, STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ~oh[ side oJ' Cox's I.une, · *00.04 Ibex noH.herl} I~ om t. hem refection of I~.e %N'cst ~ide of (',ex'S Lnne w~th the No~h ~de ' Main Sttte Road r:nnmg~,' ~-~q ruot totunu 10' 10" ~&e.~ ~ ' '.' Lan~ South 42 ~' side of Coz~, .... ~t 92 f~t to ~,' '~35'20 ~as~ , ~.'. ~'~" · - -lace of ,~ ~the :point 9r v ~ '. !,. N~G... 4 i,},. . . ~ITR T. TERRY ') So~ROLD T0~ cLEaE ANNA LEKKAS of Riverhead, in said County, being duly sworn, says that he/she is Principal Clerk of THE NEW~-REVlEW, a Weekly Newspaper, published at Riverhead, in the Town of Riverhead, County of Suffolk, State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ONE weeks successively, commencing on the 1 day of November 19,8 4 Principal Cle/rk Sworn to before methis '1 dayof Novem,ber 19 84 STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years; that on the 25th day of October 1984 , she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public' place in' the Town of Southold, Suffolk County, New York, to wit:- Town Clerk Bulletin Board, Town Clerk Office, Main Road, Southold, New York 11971 Notice of Amendment No. 119 to the Southold Town Code and Zoning Maps of Daniel A. Kaelin at CutChogue, New York. Southold Town Clerk Sworn to be before me this 25th day of October 19 84 ~ No t ar y--Pub 1 i EUZABETH ANN ~EVI~E ~T~Y PUBL~ ~te of New T~m ~pims March 30, 19~ NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 1.19 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 23rd day of October, 1984, the Town Board enacted the following amendment to the Town Code entitled, "Code of the Town of Southold"', together with the Buildin9 Zone Map forming a part thereof as follows, to wit: Amendment No. 119 amends the Code of the Town of Southold by chang- ing from "A" Residential and Agricultural District to "B-I" General Business District the property of Daniel A..Kaelin situated at Cutchogue, New York, and more particularly bounded and described as follows: BEGINNING at a point on the west side of Cox"s Lane, distant 200.0q feet northerly from the intersection of the West side of Cox~s Lane with the North side of Main State Road (Route 25), and from said point of beginning running thence South 46° 10' 10" West 87.53 feet to land now or formerly of Miesner; running thence along said land now or formerly of Miesner, North 42° 35' 20" West 149.56 feet to land now or 'formerly of L. GIover; running thence along said land now or formerly of L. G[over North 51° 09' 40" East 87.70 feet to the westerly side of Cox's Lane; running thence along the westerly side of C0x~s. Lane South 42° 35' 20" East 141.92 feet to the point or place of BEGINNING. DATED: October 23, 7984. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, NOVEMBER 1, 198~, AND FOR~'~ARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NE~"! YORK 11971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Van Tuyl-Land Surveyors Town Clerk's Bulletin Board Town Board Members Abigail 'A. Wickham, Attorney, for Daniel A. Kaelin NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO, ' 119 NOTICE JS HEREBY GIVEN that at a meeting of the Town Board of the Town of $,outhold, Suffolk County, New York, held on the 23rd day of October, 1984, the Town Board enacted the following amendment to the Town Code entitled, "Code of the Town of Southold", together with the Bui~din9 Zone Map forming a part thereof as follows, to wit: Amendment No. ]19 amends the Code of the Town of Southo~d by chang- ing from "A" Residentia~ and Agricuitural District to ~B-I" General Business District the PrOPertY of Daniel A. t<ae~in situated at Cutchogue, New York, a~nd more particularly bounded and described as follows: ]3EGINN]NG a~ a point on the west side of Cox's Lane, distant 200.0~. feet northerly ~rom the intersection of the West side of Cox's Lane with the North side of Main Sta~e Road {Route 25), and from said point of beginning running' thence South 46° 1¢ 10~' West 87.53 feet to ]and now or former~'y of Miesner; running thence along said land now or formerly of Miesner, North q2° 35~ 20" West 149.56 feet to land now or formerly of L. Glover; running thence along said land now or formerly of L. GJover North 51° 09; 40~'' East 87.70 feet to the westerly side of Cox's Lane; Funning thence along the westerly side of Cb~'s Lane South 42° 35' 20" East 1~1.92 feet to the point or place of BEGIN,NiNG, DATED: "~ ~ ctooer 23, JUDITH T. TERRY SOUTItOLD TOWN CLERK PLEASE PUBLISH ONCE, NOVEMBER 1, ~984., AND FORWARD ONE [~} AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TO~,¥N HALL, MA~N R. OAD, SOUTHOLD, NEW YORK 11971. Copies to the ;Following: The Long Island TraveJer-Watci~man The Suffolk Times Van Tuyl .'Land Surveyors Town Clerk's Bulletin Board Town Board Members Abigail ;A. Wickham, Attorney. for Daniel A, Kaelin NoTIcE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 119 NOTICE iS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 23rd day of October, 198z~, the Town Board enacted the following amendment to the Town Code entitled, "Code of the Town of' SouthoJd", to§ether with the BuJid]ng Zone Map forming a part ther~f as fo]Jews, to wit: Amendment No. 119 amends the Code of the Town of Southo~d by chang- ~ng from "A" Residential 3nd Agricultural District to 'B--l" General Business District the property of Daniel A. Kaolin s~tuated at Cutchogue, New York, and more particularly ~unded and describ~ as foliows: BEGINNING at a point on the west side of Cox~s Lane, distant 200.0~ feet northerly from the intersection of the West side of Cox~s Lane w~th the North s~de of Main State Road (Route 25), and from said point of be~J¢n~ng running thence South ~6° 10~ 10" West 87.53 feet to land now or ~o~merJy of MJesner; running thence a~ong sa~d land now or formerly of MJesner, North ~2© 35~ 20j~ West I~9.56 t~et to land no~ or formerly of L, Giover; running thence along said iand now er formerly of L. G~over North 5~° 09~ ~0~ East. 87,70 feet to the westerly side of Cox's Lane; running thence a~ong the westerly side of Cb~s Lane South ~2° 35~ 20~ East lql.92 feet to the point or place of BEGINNING. DATED: October 23, 1984. JUDITH T, TERRY $OUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, NOVEMBER I, !984., AND FORWARD ONE (i~ AFFIDAVIT OF PUBLICATION TO JUDITH 'Ir. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 1~971. Copies to the fo~.lowing: The Long Island Traveier~¥atchman The Suffolk Times Van Tuyl Land Surveyors Town Clerk's BuJ/etJn Board Town ~3oard Members Abigail A. W~ckham, Attorney, for Daniel A. JUDITH T. TERRY TO 1,wq CLERK REGISTRAR el' VI~F \L STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 25, 1984 Town Hall, 53095 Main Road P.O. B°x 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Abigail A. Wickham, Attorney Main Road Mattituck, New York 11952 Dear Gall':' The Town Board at their October 23rd regular' meeting approved the change of zone on the property of Daniel A. Kaelin. Enclosed is a~.copy of the legal notice concerning this change and a letter to Van Tuyl Land Surveyors ordering the Southold Town Zoning Map to be changed to reflect this change of zone, as well as an official resolution of the Board granting the change. Very truly yours, · Judith T.. Terry $outhold Town Clerk. Encbsures. [ 3) JUDITH T. TERRY TOWN CLERK I~.I"_GlSrRAR OI,' VI FAL ST.~.I'ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 25, 1984 Town Hail, 53095 Main Road P.O. Box 728 Southold, New York 1197l TELEPHONE (516) 765-1801 Van Tuyi Land Surveyors Front Street Greenport; New York 11944 Gentlemen: The Southold Town Board 'at a regular meeting held on October 23, 1984 approved the change of zone from "A" Residential and A~e[cu[tural Dist:,ict to "B-l" General Business District on the property of Daniel' A. Kaolin on Route 25, Cutchogue, New York. Attached hereto is:a legal description and map of the property in"queStion. Please make the necessary change to the Southold Town Zoning Map and forward me-~m~copies of same, Very truly yours, Judith T. Terry. Southold Town Clerk.. Enclosures PUBLIC HEARING SOUTHOLD TOWN BOARD October; 9, 1984. 8:~10 P.M. IN THE MATTER OF THE PETITION OF DANIEL A. KAELIN FOR A CHANGE OF ZONE FROM "A" RESIDENTIAL AND AGRICULTURAL DISTRICT TO "B-I" GENERAL BUSINESS DISTRICT. Present: Absent: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Councilman Paul Stoutenburgh Councilman James A.' Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Justice Raymond W. Edwards SUPERVISOR MURPHY: This is the proposal of Daniel' A. Kaelin for a Change of Zone application from "A" Residential and Agricultural to "B-I" General Business District on Cox Lane, Cutchogue. It will be read by Councilman Stoutenburgh. COUNCILMAN STOUTENBURGH: "Pursuant to Section .'265 of the Town Law and requirements of the code of'the Town of.Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold at the Southold Town Ha!l, Main' Road, Southold, New York, at 8:.1'0 o'clock P.M. on the 9th day of October,. 1984~, on the proposal of Daniel' A. Kaelin'to 'amend the Building Zone Ordinance. (including the Building Zo.ne Maps) of the Town of Southold, Suffolk County, New York, by Changing from "A" Residential and Agricultural District to "B-I" General Business District aH that certain plot, piece or' parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York,. land more particularly bounded .and described as follows: Beginning at a point on the west side oflCox's Lane, distant 200.'04 feet northerly from the inter- section of the West side of Cox's Lane with the North sid~ of Main State Road (Route 25), and from said'point of beginning running thence South 46° 10"10" West 87.53 feet to land now or formerly of Miesner; running thence along said' land now or formerly of Miesner, North 42° 35' 20" West 149.S6 feet to land now or formerly of L. Glover; 'running thence along said land now or formerly of L. Glover NOrth 51° .09' 40" East 87..70 feet to the westerly side of CO~'s Lane South 42° 35' 20" East 141,.96 feet to the point or place of beginning. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. Dated: September 11, 1984:. Judith T. Terry, Southold Town Clerk." I have'a certificate from Judy Terry saying this 'is 'posted on the Town Clerk's Bulletin Board. I also have a notice of ~publicatidn' from The Long Island Traveler- Watchman and The Suffolk Times. Page 2 ~- Daniel A. Kael.:,,~ - Change of Zone I also have communications dated August 28, ,1984 as follows: "The following action was taken by the Planning Board, Monday, Ausut 27, 1984': Resolved that the Southoid Town Plann'ing Board' recommend to the Town Board that the change of zone application of.Daniel A. Kaelin~ located at Cutchogue, be approved because it conforms with an extension of an existing B1 zone." Signed by Bennett,Orlowski who is Chairman of the Town Planning'Board~ I also have a letter from the County of Suffolk, .Department o~ Planning, Gerald G. Newman: "Pursuant to'the requirements of Sections 1323 to 1'332' of the Suffolk County Charter', the above referenced application which .has been submitted to the Suffolk County Planning Commission is. considel~ed .to. be a matter. ~for local determina- tion. A decision o,f local d~te'rmination' should not be construed as either an approval or disapproval," SUPERVISOR MURPHY: Thank you, Paul, You've heard the official notice read. Is'there anyone here who is 'representing the applicant Daniel Kaelin? ABIGAIL WICKHAM, Attorney, Mattituck,' N.Y.: Good evening. My name is Abigail Wickham and I'm representing the.Kaelins. I'd like to say first of all that this'applica- tion for a change of zone is to a very. small piece of' property that is surrounded ah~eady by "B-I" zoning, and also a non-conforming commercial use to the north. The application is a little odd because the parcel itself is '87 feet deep and 250 feet in width along Cox~s Lane. The southerly .100 feet of the parcel are already zoned "B-I",. That's .the .100' feet to the 200 feet back from the Main'Road is zoned "B-I" and 100 feet of this parcel is 'within'that zoning, so it's only the rear 1.50 feet thai is a residential zone. In other words, two-fifths of this parcel are already zoned business. It's .only 87 feet wide, it's 'sui:rou.nded on the south' by Kaelin's Gas Station and Garage~ which is a separate parcel. To the west you have'what was formerly the Miesner piece, 'and which is being'developed .as a shopping center. To the north you have the Giover parcel which, contains a very 'large wa.~ehouse and grading-packing operation and .across the street you have down by the Main'Road, Burt. Lewis" Real Estate and directly across the street a building owned by Avcom whitch is also a commercial establishment. COUNCILMAN STOUTENBURG'H: ' Gall,. did you say it 'was. commercial to the west? You 'said the shopping center? MS. WICKHAM: To the west, that's correct, it's currently vacant, 'but they're developing it as--Mr. Olsen has an office in there and there's a site' plan now pending for a shopping 'center. That entire property is zoned business. And if you 10ok at the' map which we submitted .with the application--if you don't have it in front of you I have another copy. COUNCILMAN STOUTENBURGH: I thought we just--- . MS. WICKHAM: There was also.an application before you for the property directly behind where Gary Oisen's' .office is, which went further back. COUNCILMAN STOUTENBURGH: That's what i'm thinking of. MS. WICKHAM: And that was 'denied, but that went further back than this property. Now, as I Was about to say, maybe this will'clarify it. Many, many years ago the entire. Main Road frontage from the corner of Cox's Lane. west, over to Doroski's house, I believe, was zoned business 200 feet back. Several years later all of that whole area, 'except this piece;' was rezo'ned for a total .depth of 350 feet, but this' little piece was left out~ Now, that initial 20'0 feet back, as I mentioned before, Page' 3 - Daniel A, Kaem,....'- Change of Zone encompass a southerly 100 feet of this property ..... The. Kaelin's run .a service station and also sell John Deere farm equipment and they would like to utilize this parcel for the display. 'of their :equipment because their 'current parcel is just not big enough and I' think that in' light of .the surrounding properties it's really the only feasible usage. A residential usage just wouldn't be suitable because of the depth of the property and the surrounding uses, i've asked a real estate, broker, Mr, Stype, who you all know' to' come and speak to us tonight just briefly to give testimony as to the use of the property from a valuation point of view, MR. VAL STYPE, Mattituck: Mr. Murphy, members of the Town Board, i'm Val Stype. from Mattituck. i am a real estate appraiser and- counselor and I have examined this property yesterday and today and we're talking about a very small piece 0f property which fits in. like a puz-zle with the rest of the surroundings. It's road level. It's property that's already--you might say improved now, needs no fill, has good drainage. It's surrounded, as Ms.' Wickham has mentioned, by "B-l" Business, ,acres of it.' So we're talking about one quarter of .an acre. Here is a man who would like to utilize' it 'with his business, promote and make their off-street parking--that, corner is a bottle neck now. If he can get two or three of those cars in front of his service station to go back to get parts or' whatever, or he has a small appliance business, he doesn't go i~t0' heavy farm equipment, so you're not going to get big .tractors or things like that .in there in the are to block that up, that won't happen. There .are 'no houses in sight. You can look around this parcel, stand in' the middle and you. can't see a house. So you're not going ' to disturb any neighbors. It's not .suitable for a home because it's too small. You can't build a house on it. So you're talking about "something 85 or 87 feet wide, 137 feet. long, and it 'backs up to Glover's, who as you know is actually operating a farm and also a commercia~ trucking, business so all you see' is big trucks,there in the back, with a hedge row in the back;. I've made some pict~ures of it. He's paying ~axes on it and I think it's a logical thing for. him to'cony,art this property from re!sidential to business and make' use of.it. So I ask' that you look favorably upon his request. So you're talking about a very small piece of property which fits in and makes, in'my judgment, the area complete. Thank you. COUNCILMAN SCHONDEBARE: ~Mr. Stype, you. say on this quarter acre parcel that.you; can't really do anything'with it 'the way' it' is 'now, what would you say the. value of that parcel is? MR. STYPE: Well---as it 'is now? COUNCILMAN $CHONDEBARE: Yes, as it exists right now. MR. STYPE: I'd say a hundred dollars a foot road frontage. So you're talking about probably $1'3, 000.'00~ as it is valued now, and he can't do anything with it, COUNCILMAN SCHONDEBARE: Abeut $13,'0'00, 00. MR. STYPE.'.' I would say, approximately. COUNCILMAN $CHONDEBARE: Thank you. SUPERVISOR MURPHY: Thank you, Val. Gail? MS. ~VlCKHAM: That assumes you could find someone who would want to build a house there.. ~ have a photograph of the parcel looking to the north; showing the Glover property and a photograph looking to the east showing the Avcom Page 4 - Daniel A. Kae ...... '- Change of Zone property. I don't have .a photograph looking to the south, .but it's even· worse, it shows the back of the garage. I~d like to submit these to you. l.know it's~ getting late and i just want to say one more thing, and that is that I understand the Board's reluctance to grant change 'of zo'nes while the current Master Plan revision is ··under way. I think that, this should be an exception to that to the extent it,'.iS a policy, to that policy, because it"is ·really a very small piece. It is really improPerly' located in"a residential zone and i would d.~fy any professional planner;to say that this 'is 'an ~impr0Per request--on.~the part of the planning agency. The Soutlhold Town Planning Board agrees with us. Thank you. SUPERVISOR MURPHY: Okay, is there anyone else here would like to speak in' favor of the application of Mr. Kaelin? (No response.) Anyone like to speak i'n opposition to this application? (No response.) Anyone'like to make any comments? (No response.) Any Tow;n.,Board members? . COUNCILMAN TOWNSEND: You mentioned that he wanted to extend his service station business. Not that that's a subject necessarily for a change of zone hearing, because every use permitted under that zone is allowed in what we're considering, but the only·thing that concerns me in this issue is ·that I'm sure·that service stations are allowed in'a "B-I" zone. I may be wrong. Is it. a permitted use, a special use.~ ls.a service station allowed in'a "B-I" zone? TOWN ATTORNEY TASKER: I think it requires a Special· Exception. SUPERVISOR MURPHY: Gail, is this ·still going to remain as a separate parcel or will they be merged into one? MS. WICKHAM: At the current time the ownership is. separate and I don't know of any plans to change that. The use will·be in·conjunction with it because he i just doesn't have enough room on his current parcel. SUPERVISOR MURPHY: Any other questions?· Anybody? (No response.) At this time I'll close this hearing. .Judith T. Terry Southold Town Clerk "..~;','l' ,"';:- I)T: ,,'_cz: *"c. Nc'- PROPOSAL TO AMEND . ZONE OtlDINANCE Pursuant to Section 26S'of, the. Town Law and require- men~s of the 'GoRe of the Town of SouthoMf~Suffolk County, New York' a public hearing ,~:J}l be he!&~by~ the Tow.n ,Board of ~he Town of South61d at the Southold Town Hall, 'Main i)i:.~ Road, South0Id, New York,. at. LB:Z0 o clock P.M., on the 9th dgy r~c Oc'.o~cr. !984. on the ;:.F. iecld ~,i'.~ !h:!lding Znne Ord~:'m:ice (:.nc!.',dit:b' the B.2ildiug Z,Juc Map!,i of thc · rol~.,-~ of SOLitUde· d. Sllffolk (~Ot;l!ty. ,x'Jex~ w~u.K..,- by cl:ang- ;,k~ h'm:'.. "/." ~:b.,s.;dcmial and Ag.r!c.'li?l:r~: :)i.~:trit., IO "B-i" Gene':al I-'.u,.ine~s District ;hat ce..,.taip pl,~:, piece pacc.~ ,.:.f I:,.:id, siu.'.,a~e, !yi.,I§ · an..,i S~'a;c ~}:' N¢,w. ~'ork.. emi ~.,',re ~a.-rietllC. riy bollT~Cd a. no dc~crii~ed as EF.G.tNt4I.~.iO :at a point au Th{;: ',':c:.l .~:,.ic m* Cox':.' Lane, ;~T~iam' .?3-'.).04 feet ;,orihet'ly ['t'l;::: i.j.i,,., ii}LulSeC,i,.,o uf tll~,.~ W::'=-'- side cf C.:,'.~ Lav.¢ .he Nor:la ~ide of Main State l~oc.d ~Rm,e 25). and from said t.:,im e,[' beginnihg rUlliiillg · . c '~'"' lO' ,'.O:' Wc.,,t .feet to land t~ow. at forme.riy of Miesner; running 42': 35' ;0" '...'~,:;.t 1.¢9.$6 lO l~n;; rJ;w or fo;:~ic-rh' o~ .~:.:id [:[nd now or forrnerly of l.. ,'.';k~vc? Nm'th 51" 09' 4¢)" East 87.70 feel to the ~e$terly side of Cox's Lane; running thence~ ,t,I)d~, thc westerly side of Cox's l.a.'..~c South 42= 35' 20" [{ast T41.92 fee! In ~he point or place of BEGINNI'NG. .a. ny per,on de~irJng to bc heard on thc propt;scd amend- · ,'ne;l! ~.h:;:.tJd appear al ihe, dine and p!ace above s~: specified , DA'EED: scptcrl',bcr .i !., 1984. .}iJ DI'rH T. '.rEl{R¥ : OUTHOLD TOWN CLERK iT-q, 27./84122} ..... COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood', being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in~'"~aid Long Island Traveler-Watch- man once each week '.for ........................................ weeks successively, commencing on the Swam to before me this ................................ day of ............... Notary Public BARBARA FORBES Not,~ry Public, State of New York No. 4~6846 Qualified in Suffolk County Commbsion Expires March ~0, 19 LEGAL NOTICE OF HEAR :pROpO~qAL ~(~ AiVIEIVD ? '. ' ZONING ,ORDINA/gC~ ~rsuaut to Section 265 of,thai Town Law au~ requiremen~ ,o the Code of the Town ofSuu~h6~d~, .. -"' Ynrk. at ~:!0 e'c;(,c~ P.M. or~ the ~: ~ Zon~ M p~ of[he Tov'n by c]mnging !~o~ "A" Rc~id~n- .b. lb { and ARTi('.~{{Ov'{d ~f~irict lo 'BEGINNIN~'a~ a point on the west side of Cox's Lane. distant '200.04 Feet northbrlyfren, Suffolk Co~V, New Yo~k,' a '.~. 'Ivrsaclion of the WesL side -~.,.; ~., ,,f ']iL~holilb<:t~ ,' Cox's Lam, w lh tbi NcHF 'ida TVcst ,q','.53 {bet h) Jam{ new ,~,ll'fiiiH']y Or .~']h'.~oer: tta.mc,, aim ~g sa id land rr)w ,,r mer]~ of Miesnm', North ,1~ 20" ~esl I ~f).7,6 J]'(el tO {nnd no~ L~(,~J(~, ~1 }()n{~:{{i~d {nud now cr m,n'{y o[L. (:~h)ver ~('.'{h 51" "~ cci el' lanil. ~,it~ate. lyml{E {md · tho,we M~.)g lht~ Wo:.;h,rly ;dd(,ol · uemg u~ -' ' ~', ' ' ' [4[.Y2 fi,eL 1o ihe ?o11'1{. Or '.::.. Sou~hold. CounTy of' ~ufiblk aad ;t~ ~ 'S~of~ev.' York. 'md morepar-. "' ~)(' .:: ~ical~ly boilr, ded ~'ii~d described' &ny I)er~(m (h,~irinR i,, he .... ~uent should appear at the Lime "~d place above so specified. · J: {H'iI~ 'l. JUDitH A., ..... -- ~01A~Y PU~UC S~te 0i ~{ew Y0r~ '~0. 4796!31' Suftolr CoLmty ,~r~ Exp~.M~rch 30 19~ · STATE OF NEW YORK ) ) S8: COUNTY OF SUFFOLK ) ": -- "- , -:. '- _ of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SOFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~ weeks successively, commencing on the __27th dayof ~-c_~cmbe~ Principal Clerk Sworn to before me this. 27 th dayof Septemb_er 19 84 STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years; that on the l~h day o£ Sep~mber 1984 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in' the Town of Southold, Suffolk County, New York, to wit:- ~ Town Clerk Bulletin Board, Town Clerk Office, ~ain Road, Southold, Ne~ York 11971 Legal Notice - Notice of Hearing on Proposal to Amend Zoning Ordinance - Petition of Daniel A. Kaelin fo~ a Change of Zone. 8:10 P.M., Tuesday, October 9, 1984,-Southold Town Hall. /~/J~dith T. Terry Southold Town Clerk Sworn to be before me this 13th dav of September 1984 ELIZA~E1'H ANN NEVILLE NOYAP, Y PUBLIC, State of New York No. 52-8125850, Suffolk ~ Term Expir~ ~a~ch 30, Z9~ LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requirments of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold at the 5outhold Town Hall, Main Road, Southold, New York, at 8:10 o'clock P.M. on the 9th day of October, 1984~ on the proposal of Daniel A. Kaelin to amend the Building Zone Ordinanc~ (including .the Building Zone Maps) of the Town of Southold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to General Business District all that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: BEGINNING atla point on the west side of Cox's Lane, distant 200.'04 feet northerly from the intersection of the West side of Cox's Lane with ,.the North side of Main State Road (Route 25), and from said point of beginning running thence South 46° 10' 10" West 87.53 feet to land now or formerly of Miesner; running thence along said land now or formerly of Miesner, North 42° 35' 20" West 149.56 feet to land now or formerly of L. Glover; running thence along said land now or formerly of L. Glover North 51° 09~ 40" East 87.70 feet to the westerly side of Cox's Lane; running thence along the westerly side of Cox's Lane South 42° 35' 20" East 141.92 feet to the point or place of BEGINNING. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. DIATED: September 11, 1984. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, SEPTEMBER 27, 1984, AND 'FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOI_D, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Board Members Abigail A. Wickham, Attorney, on behalf of Danie~ A. Kaelin Town Clerk's Bulletin Board · NOT,CE NOTICE OF HEAP, lNG ON PROPOSAL TO AMEND 70NING ORDINANCE Pursuant to Section 265 of the Town Law and requirments of the Code of the Town of Southold, Suffolk County,. New York, a public hearing will' be held by the Town Board of the Town of Southold at the Southold Town Hall, Main Road, Southold, New York, at 8:10 o'clock P.M. on the 9th day of October, 1984, on the proposal of Daniel A. Kaelin to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to "B-l-" General Business District all that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County. of Suffolk and State of New York, and more particularly bounded and described as follows: BEGINNING at;a point on the west .side of Cox's Lane, distant 200.04 feet nor~therly from the intersection of the West side of Cox's Lane with,the North side of Main State Road (Route 25), and from said point of beginning running thence South 46° 10' 10" West 87.53 feet to land now or formerly of Miesner; running thence along said land now or formerly of Miesner, North 42° 35' 20" West 149.56 feet to land now or formerly of L. Glover; running thence along said land now or formerly of L. Glover North 51° 09' 40" East 87.70 feet to the westerly side of Cox's' Lane; running thence along the westerly side of Cox's Lane South 42° 35' 20" East 141.92 feet to the point or place of BEGINNING. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. DATED: September 11, 1984. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, SEPTEMBER 27, 1984, AND 'FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Board Members Abigail A. Wickham, Attorney, on behalf of Daniel A. Kaelin Town Clerk's Bulletin Board NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requirments of the Code of the Town of Southold, Suffolk County· New York, a public hearing will be held, by the Town Board of the Town of Southold at the Southold Town Hall, Main Road, Southold, New York, at 8:.10 o!clock P.M. on the 9th day of October, 1984, on the proposal of Daniel A. Kaelin to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to "B-l;' General Business District all that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: BEGINNING atia point on the west side of Cox's Lane, distant 200.04 - feet nor, therly from the intersection of the West side of Cox's Lane with,the North side of Main State Road (Route 25) and from said point of beginning running thence South 46° 10' 10" West 87.53 feet to land now or formerly of Miesner; running thence along said land now or formerly of Miesner, North 42° 35' 20" West 149.56 feet to land now or formerly of L. Glover; running thence along said land now or formerly of L. Glover North 51° 09' 40" East 87.70. feet to the westerly side of Cox's'Lane; running thence along the westerly side of Cox~s Lane South 42° 35' 20" East 141 92 feet to the point or place of BEGINNING. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. DATED: September 11, 1984. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, SEPTEMBER 27, 1984, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Board Members Abigail A. Wickham, Attorney, on behalf of Daniel A. Kaelin Town Clerk's Bulletin Board JUDITH T. TERRY TOWN CLERK 14.EGISTRAR OF VITAL ST \TIS1 ICg OFFICE OF THE 1OWN CLERK TOWN OF SOUIHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6 NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted will not have a significant effect on the environment. DESCRIPTION OF ACTION Petition of Daniel A. Kaelin for a change of zone from "A" Residential and Agricultural District to "B-I" General Business District on certain property located on the westerly side of Cox's Lane, Cutchogue, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment are likely-to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency. Further information can be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Copies to: Charles Hamilton,. DEC, Stony Brook Commissioner Williams, DEC, Albany Southold Town Building Department Town Clerk's Bulletin Board Abigail A. Wickham, Attorney, on behalf of Daniel A. Kaelin Southold Town Planning Board RE,~EIVED~ sEP 7 1984 Town of Southold Town Clerk COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN September 6, 1984 Applicant: Zoning Action: Mun. File No.: S.C.P.D. File No.: Daniel A. Kaelin C/Z '%" A gr. & Re~;. to "B-i" Gen. Bus. #26~ SD-84-12 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A d~cision of local determination should not be construed as either an approval or disapproval. Comments: Very truly yours, GGN:jk Lee E. Koppelman Director of Planning by. Gerald G. Newman Chief Planner · 11788 JUDITH T. TERRY TOWN CLERK REGISTRAR OI" VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Pursuant to Sections 1323 to 1332 of.the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following p~oposed zoning action to the Suffolk County Planning Commission: New zoning Ordinance Amendment of zoning ordinance X Amendment of zoning map (change of zone) Petition of: Daniel A. Kaelin Location of affected land: westerly side of Cox's Lane, Cu'tchogue, New York. Suffolk County Tax Map No.: within 500 feet of: X 1000-97-5-4.2 The boundary of any village or town The boundary of any existing or proposed county, state or 'federal park. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way or any stream drainage channel owned by the county or for which the county has'established channel lines. The existing or proposed boundary of any other county, state or federally owned land. The Long:Island Sound, any::bay~ii~..Suffolk County or estuary of any of the foregoing bodies of water. or within one mile of : Nuclear power plant. Airport COY~MENTS: Southold Town Planning Board recommendation attached hereto. Date August 29, 1984 (// -Oudith'T. Terry ~/ . Southold Town Clerk D S~ Southold, N.Y. 11971 · (516) 765-1958 August 28, 1984 Mrs. Judith Terry Town Clerk Southold Town Hall Southold, ~Y 11971 Re: Kaeli~ Change of Zone application -from A to Bi. Dear Mrs. Terry: The following action was taken by the Planning Board, Monday, August 27, 1984. RESOLVED that the Southold Town Planning Board recommend to the Town Board that the change of zone application of Daniel A. Kaelin, located at Cutchogue, be approved because it conforms with an extension of the existing B1 zone. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN MUTHOLD TOWN PLANNING BOARD JUDITH T. TERRY TOWN CLERK I~.EG1STRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 August 1, .1984. Mr.. Bennett Orlowski, 'Jr., Chairman Southold Town Planning Board $outhold, New York 11971 Dear Bennie: Transmitted herewith, is' the petition of Daniel' A. Kaelin requesting a Change of Zone from "A" Residential and 'Agricultural Dis'tric~ to "B-I" General Business District on certain property located on the westerly side of C0x~s Lane, Cutchogue, New,York.. Please prepare an Official report defining the conditions described in said petition and determine the area so affected by your recommendation and transmit 'same to me. Very truly yours., Judith T. Terry Southoid Town Clerk' Attachment JUDITH T. TERRY TOWN CLERK REGISTRAR el. VITAL ST,\T1SrlCS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPIIONE :~_~ (516) 765-1801 August 1, 198~, Charles T. Hamilton Alternate Regional Permit Administrator N.Y.S. Dept. of Environmental Conservation BUilidng 40~ SUN¥ - Room 219 Stony Brook~ New York 11794 Dear Mr. Hamilton: Enclosed is application-o£ Daniel A. Kaelin'~r a change of zone from "A" Residential and Agricultural District to "B-l" General Business District on certain property located on the weSterlY..' side of Cox's Lane, Cutchogue, New York. This project is unlisted and our initial determination of non-significance has been made and. we wish to coordinate this action to con£orm our initial determination in our role as lead &gency. May we have your view on. this matter. Written comments on this project will be received at this 'office until August 20,~98~ We shall interpret.your lack of response to mean there is no objection by your agency.. Very truly.yours, Judith T. Terry Southold Town Clerk Enclosures cc: Commissioner Williams Southold Town Building Department JUDITH T. TERRY TOWN CLERK REGISTRAR OI" VITAL 8 I'A I [STiCS To Whom It May Concern: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 26, 1984. Town Hall, 53095 Main Road P.O. Box '728 Southold, New York 11971 TELEPHONE (516) 765-1801 Attached hereto is'Long Environmental Assessment Form filed by Daniel A. Kaeli.n in' connection with his.'petiti0n No..264 requesting a Change of Zone from' "A" Residential' and Agricultural District to "B-I" General Business District on -.certain property located on the westerly side' of Cox's .Lane, Cutchogue, New York. Southold Town Cleri{ Posted on Town Clerk's Bulletin Board on 7/26/84. TO~'~'N OF SOUTHOLD EXVlRO;IMENTAL ASS£SSM£NT '-PART I Project Infor~tion NOTICE; This oocu~nt ~, desk,ned to assist in determining whether the action proposed may have a significant_. effect on the envlrcr,,~nt. Please co~lete the entire Data Sheet. Answers tO these questions w~ll be considered as earl of the ~potication for approval and may be subject to further verification and~ublic review. Provide any additional information you believe will be needed to comolete PARTS 2 and 3. It (s ezpecteo ~nat c~m~)etion of the EAF will be dependent on information currently available and wi'll not involve new Studies. research or investioation. If information requirino such additional work is unavai~ble. · sO indicate ~nd soecify each instance. ' flAME OF PROJECT: Kaelin ::A~-piicatio~ for Change of Zone .ADDRESS AND NA~tE OF APPLICANT: NAME AND ADDRESS OF OWNER (If Different) (Name) (Street~ Daniel A. Kaelin "(P.O.) '(ha~) Tuthill ' s Lane BU~"~NESS PHONE: (Street) Aquebo'gue, NY 11931 '(P.O. ) (Sta:e) (Zip) (State) (Zip~ .DESCRIPTION OF PROJECT: (Briefly describe type of project or action) Application for change of zone from "A" Agricultural and Residential to B-1. {PLEASE COMPLETE EACH QUESTIOU - Indicate N.A. if not applicable) A..~SITE DESCRIPTION .. .... (Physical setting of overall project, both develoned and undeveloped areas).. General character of the land: Generally uniform slope X Generally uneven and mlling or irregular Approximate acreage: Meadow or Brushland Forested ~oricultural 'letland (Freshwater'or Tidal as net Articles ~4, 25 or F.C.L.) 2. Present land use: · Agriculture ~ , Other. ~ean~' 3. Total acreage of project area: ._.~gacres. Presently After Completion' · ?g acres _O___acres acres __--acres acres acres Urban __, Industrial , Con~n~rcial , Suburban., . Rural , Forest acres acres '4Pat is ~-edominant soil tyPe{s) on nroiect site? ~ r-re there bmdrocK outcrogoinos on nrniect site7 !- ~at :s de,tn to bedrock? ....................... (% ~eet) Presently After Completion Uater Surface Area acres ___ac~os Unvjgetated (rock, earth or fill) acres ~___acres Roads. buildinqs and other paved surfaces 0 acres · 29ac-es Other (indicate ty~e) acres acres sandy loam .... Yes __X_~c 6.~' A~proxinate percentage of prb~osed Project site with slGoes: 0-I05 ~ ~; lq-15~ %; 15: or greater _ 7. Is project contiguous/to, or contain a building or site listed on the National Register of Historic Places? Yes B. What is the depth to the water table? 15-20feet g. DO hunting or fishing opportunities presently exist in the project areal _~Yes 10. Does project site contal~.~ny species of plant or animal life that is identified as threatened or endanoered - -Yes /~, :to, according to - Identify each species 11. Are there any unique or y~Osual land forms on the project site? (i.e. cliffs, dunes, other geological formations - Y~s _~Ho. {Describe 12. Is the project sit.e~/presently used bytthe con~nunity or neighborhood as an open space or recreation area -, , Yes ~- 13. Does the pr~ent site offer or include scenic views or vistas known to be important to the cor~nuni~y? Yes ~No 14. Streams within or contiguous to project area: a. Name of stream, and name of river to .which it is tributary ~O~g 15. Lakes, Ponds, ~etland areas within or contiguous to project area: a. laame NONE : b. Size {in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. single family residential, R-2) and the scale of development (e.g. 2 story). ~-~ & A R~$id~Ilti~l PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor .~0 acres. b. Project acreage developed: ~ acres initially; ~acres ultimately. c. Project acreage to remain undeveloped d. Length of project, in miles: (if appropriate). e. If project is an expansion of existing, indicate percent of expansion proposed: building square foot- age ; developed acreage 7~. ... f. Nu~er of off-strut parking spaces existin~ ~/~ ; proposed g. ~aximum vehicular tri~s generated per hour .~-~ (upon completion of project) h. If residential: Number and type of housing units: ~ne Family Two Family ~ultiple Family Condominium Initial Ultimate If: i. Orientation ~leignborhood-City-Regional Conl~ercia l . ~t~ Industrial j. Total he)grit of tallest nronosed structure Estimated Emo]oyment ? feet. -2- ol How much natural material (i.e. rock, earth, etc.) will be removed from the site - NONE tons . NONE cubic yards. 3. How many acres of veqetation (trees', shrubs, ground Covers) ~ill be removed fro~ site ~20 Jcres. 4. Will any mature forest (over lO0 years old) or other locally-important vegetation be removed by tn~s project? Yes X No 5. Are there any plans for re-vegetation to replace that removed during construction? X yes 6. If single phase project: Anticipated period of construction months, (including demolition). 7. I~ multi-~hased project: a. Total number of phases anticipated No. b.Anticipated date of commencement phase I ~ demolition) c. Approximate completion date final phase __month. month ,,.year (including d. Is phase 1 financially dependent on subseouent phases?' _ jear. NO 8. Will blasting occur during construction? Yes _X No 9. N~nber of jobs generated: during construction _; after project is complete 2 )0. Number of jobs eliminated by this project t~orte Il. Will project require relocation of any projects or facilities~ Yes X No. If yes, explain: 12. a. Is surface or subsurface liquid waste disposal involved? ...Yes X .No.' b. If yes, indicate type of waste {sewage, industrial, etc.) c. If surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or decreased by proposal? _Yes ..~/' No. 14. Is project or any portion of project located in the 100 year flood plain? Yes ~r_No 15. a. Does project involve disposal of solid waste? _.____Yes ~ No b. 'If yes, will an existing solid waste disposal facility be used? Yes No c. If yes, give name: : location '" d.. dill any wastes not go into a sewage disposal system or into a sanitary landl~ill? 16. Will project use herbicides or pesticides? Yes 17. will project routinely produce odors (more than one hour per day}? Yes ._~._No 18. Will project produce operating noise exceeding the local ambience noise levels? Yes ~ No lg. Will project result in an increase in energy use? ___._Yes ~ .~o. If yes, indicate type{s} NO 20. 21. 22. If water supply is from wells indicate pumping capacity /~o~el~ gals/minute. Total anticipated water usage per day A/~._ aais/day. Zoning: a. What is doninant zoning classification of site? A b. Current specific zoning classification of site A Residential & Agricultural C. !S DKODOSe~ use Consistent ,vith peasant zoninq? ~ d. If no. indicate desired zon~nq ~-~ ~ne~Z -3* Approvals: a. Is any Federal permit required? Yes ~< No b. Does project involve State or Federal funding or financing? c. Local and Regional approvals: Approval Required (Yes, No) (Type) Yes Submittal Approval (Date) (Date) City, Town, Village Board City, Town, Village Planning Board City, Town, Zoning Board City, County Health Department Other local agencies Other regional agencies State Agencies Federal Agencies Yes Zone Change 7/84 C. INFOPJ4ATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with the proposal, please discuss such impacts and the measures which can be taken to mitigate or avoid them. ' TXTt£: Ati'-o-~e~ ~o~ Applfgant ~£PR£SF,TING: Daniel A. Kae'rlin DATE: July 23 , 1984 -4- STATE OF NEW YOI~ TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF PETITION FOR A C~L4NGE, MOD/FICATION OR AbIENDMENT OF THE BUII.DING ZONE. ORD/N- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, ..D...A~....I..E...L.....A..:....~..L...I..N.. ..................... } .... , residing atT..u..~_.h..~.]:..1..'..s......L..a..:..,.....A.~u..e...b...o.a.u..e, (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at C..9...x..'...s....L...a..:..:....C...u...C.9..h..9..E.u...e...,.....N..Y... and more particularly bounded and described ~~: on SCHEDULE A 'attached hereto. NY 2. I do hereby petition the Town Board of the Town of Southold to change, modify and . amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, tnchiding the Building Zone Maps heretofore made a part thereof, as follows: Change of zone from A to B-1. Such request is made for the following reasons: (1) The premises is bordered on. the south and west by B-1 property, and'there is B-1 property directly across the street. While the premises to .the. north is zoned A,' it .consi§ts of a pre- existing wareSmuse 'and .trucking: business whose use falls within the B-i tyPe' of uges. Because of the predominance of surrounding B-1 ~roperty, the premises is not suitable for residential use. (2) Applicant's existing garage and equipment sales business re- quires expansion, and applicant would like to use the premises for the expansion of his business. (3) The change of zone in this location is desirable because it is off the Main Road and.~tt.~not create a strip Zoning effect. (n. s. .................. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) D.a~NIEL A. KAELIN, BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he tias read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. DANIEL A. KAELIN Sworn to before me this~.~..--: ·. day of . .,lilly. ................ 19. I~4 Notary Public. SCHED____~E A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Cutchogue, in the Town of Sou~hold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the West side of Cox's Lane, distant 200.04 feet northerly from the intersection of the West side of COx's Lane 'with the North side of Main State Road (Route 25), and from said point of beginning RUNNING THENCE South 46~ 10' 10" West 87.53 feet to land now or formerly of Miesner; RUNNING THENCE along said land now or formerly of Miesner, North 42° 35' 20" West 149.56 feet to land now or formerly of L. Glover; RUNNING THENCE along said land now or formerly of L. Glover North 51° 09' 40" East 87.70 feet to the westerly side of Cox's Lane; RUNNING THENCE along the westerly side of COX'S Lane South 42° 35' 20" East 141.92 feet to the point or place of BEGINNING° iOWN OF 'SObTitOLD~ INSTRUCTIONS~ ~----C~ In order to answer the. questions in this short EAF it is assumed {hat the preparer will use currently ovoiloble information concerning the project and the likely impacts of the action. It is not ,expected that additional studies, reseordh or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (dj Ehvironmental Assessment '1. Wil'l project result in e large physical cha'nge to the project site or physically alter more / than 10 acre~ of land? ........................ Yes ,~/ ~o 2. Will ~hera be a major change to any unique ,Dr -unusual land form found on the site? .......... Yes. ~ No existing body of water? ....................... . , .. No 4. Will project have o potentially large impact on groundwater quality? ....................... Yes~ No 5. Will pro'jec~ significantly effect drainage / flow on adjacent sites?......................... Yesv/ No 6. Will project affect any threatened or endangered plant or animal species? ........... . ..... Yes, o 7. Will project result in o major adverse effect / on air quality? ................................ __ Yes.~No 8. Will project have a major effect on visual character of the community or scenic vie~s .or vistas known to:be important to the community? Yes.~No 9. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area / by o local agency? ............ ~..-~.~-~--..~-~-.~ Yes..%~ No 10. Will project have o major effect on ex~sting or future recreotiono! opportunities? ......... . Yes/No 11. Will project result in .major traffic problems o~ cause a major effect to existing . transportation systems? ....................... Yes .v~No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation? ' . ..... _Yes y/NO'· 13. W±lZ project have any impact on public health / or.safety? ..................................... Yes. t/No 14. Will project affect the.exlstin§ .communi.ty by 15. directly causing o growlh in-.permanent population of more than 5 percent over o one year period or have o major negative effect on the charo'cter of the community or neighborhood? ................................. . Is there public conlroversy concerning the project? ....................... f .............. .. REPRESENTING_ DANIEL . K ~ Yes No : Yes. o DATE. 'Ju'Iy 23'; 1984 ' '~ TOWN OF SOUTHOLD ~A~ ENVIRO;~MENTAL ASSFSSMENT ] 'PART Project Information NOTICE: This oocument ~, desk,ned to assist in determining whether the action proposed may have a significant effect on the e,v(rc-,.~nt. Please comolete the entire Data Sheet. Answers to these questions w~l) be considered as part of the ~olication for ap~roval and may be subject to further verification and~ublic review. Provide any additional information you believe will be needed to complete PARTS 2 and 3. It is expecteo that toro)etlon of the FAF will be dependent on information currently available and will not involve new studies, research or investloation. If information requirino such additional work is unavafbble, so indi:ate and specify each instance. - NANE OF PROJECT: Kae 1 in Ap~51icat:ion for Change of gone NAME AND ADDRESS OF OWNER (If ~ifferent) (Name) ADDRESS AND N~ME OF APPLICANT: (Street) Daniel A. Kaelin Tuthill~s Lane BUSIN~SS PHONE: Aquebo'gue, NY 11931 (P.O.) (State} (Zip)" DESCRIPTION OP PROJECT: (Briefly describe type of mroject or action) .Application for change of zone from "A" Ag, ricuitura! and Residential to B-1. (PLEASE COHPLETE EACH QUESTION - Indicate N.A. if not applicable) ..SITE DESCRIPTION . ' '-~Physical setting of overall project, both develoned and undeveloped areas).. I. Genera) character of the )and: GeneraJly unifom slope .X Generally uneven and r~llinq or irregular Present land use: Uroan , Industrial · Agriculture X ?-YE~-~er. Vacant'~ Total acreage of ~roject area: ~29acres. Ao~roximate acreage: Meadow or Brushland Forested ~oricultural ')etl~nd IFre~hwater'or Tidal ~s nor Attic)es ~a, 25 or F.C.L.) Presently After Completion. ~3_a~res 0 a~res __.___acres _acres ~_acres ._acres , Con~nercial , Suburban .__., Rural , Forest _~acres ~acres 4. 'Jhat ~s ~redominamt soil iMPo(S) on ~ro!ect site? Presently After Completion I')ater Surface Area acres ac-es Unv~getated (rock, earth or fill) acres ~__.acres Roads, buildinps and other paved surfaces 0 acres ' Other (indiCate tyne) acres acres sandy loam ~. ~nat is de,tn to bedrock? ('n ~eet) 6?' Approximate percentage of proposed'~roject site with slooes: 0-I0% X greater %. 7. Is project contiguous /to, or contain a buildin.q or site listed on the National Register of Historic Places? Yes ~/ No B. What is the depth to the water table? ~5-20feet g. Do hunting or fishing opportunities presently exist in the project area? .?<[ Yes No 10. Does project site contaiR..a'n~y species of plant or animal life that is identified as threatened or endanqered - -Yes _~ ~lo, acrording tO - Identify each species 11. Are there any unique or~70sual land forms on the project site? (i.e. cliffs, dunes, other geological formations - Yes y~ No. (Describe ) 12. Is the project site~/presently used by:the con~nunity or neighborhood as an open space or recreation area - Yes /~- No. 13. Does the present site offer or include scenic views or vistas known to be important to the con~nunity? Yes ~ No 14. Streams within or contiguous to project area: a. Name of stream and name of river to which it is tributary NONE 15. 16. Lakes, Ponds, Wetland areas within or contiguous to project area: a. [tame ~N]~ : b. Size (in acres) What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. single family residential, R-g) and the scale of development {e.g. ~ story). B-~ .& A ~$[d~i~lt~ PROJECT D£SCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor . ~0 acres. b. Project acreage developed: ~[ acres initially; a~acres ultimately. c. Project acreage to remain undeveloped 1'1o~ . d. Length of project, in miles: _(if appropriate) e. If project is an expansion of existing, indicate percent of expansion proposed: building square foot- age ; developed acreage 75~ · f. Nuntber of offostr~t parking spaces existin~ g. ~aximum vehicular trips generated per hour h. If residential: Number and type of housing units: One Family Two F~mily Initial Ultimate If: ; proposed (upon completion of project) i. Orientation leighborhood-City-Regional Co~rnercial C~t~v In0ustrial j. Total height of tallest nroposed structure Multiple Family Estimated Emoloyment ?· Condominium -2- How much natural material ('~'.e. rock. earth, etc.) will be removed fr~n the site - NONE tons NONE cubic yards. How many acres of veqetation (trees, shrubs, ground covers) ~ill be removed from site ~20 ~cres. Will any mature forest (over 100 years old} or other locally-important vegetation be removed by th~s project? Yes X No Are there any plans for re-vegetation to replace that removed during constru,c%ion? X yes ~(o If single phase project: If multi-phased project: Anticipated period of construction ~ a. Total number of phases anticipated No. b. Anticipated date of con~nencement phase I ~ demolition) c. Approximate completion date final phase months, (including demolition). month ~ear {including month year. Yes No d. Is phase I financially dependent on subseouent ehases? 8. Will blasting occur during construction? Yes X No 9. Number of jobs generated: during construction ; after project is complete 10. Nun~ber of jobs eliminated by this project ~1o~1e 11. Will project require relocation of any projects or facilities? Yes _.~[_No. If yes, explain: 12. a. Is surface or subsurface liquid waste disposal involved? _Yes X No.' b. If yes, indicate type of waste (sewage, industrial, etc.) c. If surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or decreased by proposal? Yes ~ No. 14. Is project or any portion of project located in the 100 year flood plain? Yes ~ No 15. a. Does project involve disposal of solid waste? Yes ~ No b. If yes, will an existing solid waste disaosal facility be used? Yes No c. If yes, give name: : location " d. Uill any wastes not go into a sewage disposal system or into a sanitary landfill? Yes 16. Will project use herbicides or pesticides? Yes ~ No 17. Will project routinely produce odors (more than one hour Der day)? Yes __z~_No 18. Will project produce operating noise exceeding the local ambience noise levels? ~Yes X No lg. Will project result in an increase in energy use? Yes ~4' ...No. If yes, indicate type(s) __ 2D. 21. 22. If water supply is from wells indicate pumping capacity /~OPb'~J~S gals/minute. Total anticipated water usage per dJy ~m~-- aais/day. Zoning: a. b. d. What is dominant zoning classification of site? A Residential' & Agricultural Current specific zoning classification of site A residential & Agricultural !s Drooose~ us~ Coqsisten: with Present zoninq? _No If no, indicate desired zon]nq ~-l General ~usi_n_e_~$__ -3- 26. Approvals: a. b. C. Is any Federal permit required? Yes X No Does project involve State or Federal funding or financing? Local and Regional approvals: Approval Required (Yes, No) (Type) Yes _~ No Submittal Approval (Date) (Date) City, Town, Village Board City, Town, Village Planning Board City, Town, Zoning Board City, County Health Department Other local agencies Other regional agencies State Agencies Federal Agencies Yes Zone Change 7/84 INFORMATIONAL DETAILS Attach any additional info~ation as wy be needed to clarify your project. If there are or may be any adverse impacts associated with the pmposal, please discuss such impacts and the ~asur'es which can be taken to mitigate or avoid them. TITLE: Att'or~ey ~or Appl~gant Daniel Ao Kaelin REPRESENTING: DATE: July 23 , 1984 -4- WlCKHAM, WlCKHA~4 & BRESSLER, July 26, 1984 Ms. Judith T. Terry To,Tn Clerk' Town Hall - Main Road Southold,.NY 11971 Re: A_pplication .of Daniel A. Kaelin Dear Ms. Terry:. Enclosed is check'in the sum of $200.00, re~resenting the fee for the above 'application for change 'of zone 'which was delivered to you'this morning. Thank you for yo~ cooperation in this matter. .Very.truly.yeurs, Ellen M. Urbanski Legal Assistant /e~u encl. LAW OFFICES WICKHAM~ WICKHAM ~. BRESSLER, MAIN ROAD, P.O. BOX 14~4 MATTITUCK LONG ISLAND July 26, 1984 Southold Town Board Town Hall Main Road Sonthold, NY 11971 Re: Application of Daniel A.' Kaelin For Chan~_~ of Zone Gentlemen: Enclosed are the' following in connection with the above application: 1. Petition, in triplicate; 2. Original Notice,· with proof of service thereon; 3. Short Environmental Assessment Form; 4. Environmental Assessment Form; 5. Six prints of the survey; 6. Six copies of the zoning map; 7. Check to the order of the S0uthold Town Clerk in the sum of $100.00, representing the application fee. If any additional information is required, plea·se contact us, Very truly you=s, Abiggz[1 A.' Wickham /emu' encls.